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'Wanted' sign stirs freedom-of-speech issue
(by Joseph Koziol Jr. - July 09, 2009)
'Wanted' sign stirs freedom-of-speech issue
By JOSEPH KOZIOL JR.
Burton Trustees faced a quandary Monday over a residential sign that would not normally be allowed under the township's zoning code.
But this was no ordinary sign announcing a service or good for sale. It was one resident's opinion of a planned county road project, and it left two of the three trustees with nothing but questions.
The 4-by-8-foot sign along Georgia Road questions the need for a widening that will cause trees to topple. It states, among other things, "Wanted: Competent County Engineer."
Zoning Inspector Robert Pealer said a review of the township's zoning code would find the sign a violation. Roof and free-standing signs are prohibited, while window signs no larger than 4 square feet, are permitted, according to the code.
But Trustee Louis Mucci said the U.S. Supreme Court has stated that signs proclaiming political beliefs, including commentary on public officials, cannot be infringed upon.
He said many townships have regulations on when political signs can be erected and taken down, but they most likely would be struck down if they were challenged under the Supreme Court decision.
The City of Kirtland lost its case when it challenged a resident's political sign that was critical of Lake County officials, he said.
"Even though we have language that could be construed that way, it's a freedom-of-speech thing," Mr. Mucci said.
Trustees were unable to determine who lodged a complaint about the sign.
Mr. Pealer said the complaint came through a phone call, which made it impossible to determine.
Trustee Daniel Whiting said he was advised by Geauga County Assistant Prosecutor Sheila Salem that, if a complaint is taken over the phone, it is not a public record. She said only complaints in writing become part of the public record, he said.
Mr. Whiting said it's a difficult situation to determine, because it involves an interpretation of zoning. He asked that the matter be referred to the county prosecutor's office for an opinion.
But Mr. Mucci said, the issue should die immediately. "Just let it die a natural death," he said.
Mr. Whiting said he could not, because he fears it would open the gates for numerous such signs throughout the township. "The whole township could become polluted with signs like in the political season," he said.
He said township sign regulations restrict political signs, typically found in the political season, to 4 square feet, while this sign is 32 square feet.
He asked that a decision on the matter be put off until the board's July 20 meeting, after consultation with the prosecutor's office.
Mr. Mucci agreed but said the township is just wasting its time. "I think we're spending too much time on an issue we should just put to bed," he said.
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